§281-4  Liquor consumption on unlicensedpremises prohibited, when.  (a)  It shall be unlawful for any person whokeeps or maintains any restaurant or other premises where food, beverages, orentertainment are provided, or brought in by patrons or guests, whether forcompensation or not, or to which members of the public, or members of anorganization, resort for food, refreshment, or entertainment, and who is not alicensee of the commission under this chapter, to promote, encourage, aid, orpermit the consumption of liquor on the premises, except during the hoursbetween which licensed premises of dispensers are permitted to be open for thetransaction of business in the county where the premises are located.

(b)  It shall be unlawful for any person who ispresent at any restaurant or other premises where food, beverages, orentertainment are sold, provided, or brought in by patrons or guests, or towhich members of the public, or members of an organization, resort for food,refreshment, or entertainment, and which premises are not licensed by thecommission under this chapter, to consume any liquor on the premises, exceptduring the hours between which licensed premises of dispensers are permitted tobe open for the transaction of business in the county where the premises arelocated.

(c)  It shall be unlawful for any person whokeeps or maintains any restaurant or other premises where food, beverages, orentertainment are provided, or brought in by patrons or guests, whethercompensated or not, to sell or provide or allow the consumption of liquor to orfor any of the following persons knowing that such person has, or is about toobtain, liquor for consumption by the person on the premises, to wit:

(1)  Any minor;

(2)  Any person at the time under the influence ofliquor;

(3)  Any disorderly person;

(4)  Any person known to be addicted to the excessiveuse of liquor; or

(5)  Any person, for consumption in any vehicle on thepremises;

provided that the providing of liquor to or for aminor who has or is about to obtain liquor for consumption by the minor on thepremises or allowing the consumption of liquor by a minor shall not be deemedto be a violation of this subsection if, at the time, the person providing orallowing the consumption of liquor was misled by the appearance of the minorand the attending circumstances into honestly believing that such minor was oflegal age and the person acted in good faith, and it shall be incumbent uponthe person to prove that the person so acted in good faith.

(d)  Within the meaning of this section, theword "premises" includes any vessel as well as any place, with orwithout a structure thereon, and the hours between which licensed premises ofdispensers are permitted to be open for the transaction of business shall bedeemed to be those during which such dispensers are permitted to keep opentheir premises for the sale, service, and consumption of liquor, or any ofthem. [L 1949, c 147, §1; RL 1955, §159-4; HRS §281-4; am L 1972, c 177, §2;gen ch 1985; am L 2008, c 168, §2]

 

Case Notes

 

  Injunction against enforcement without showing directinvasion of property right.  39 H. 23.